William S. Flora to Beriah Magoffin

Accession Number

KYR-0001-020-0562

Document Genre

Petition

Repository

Kentucky Department for Libraries and Archives

Collection

Office of the Governor, Beriah Magoffin: Governor's Official Correspondence File, Petitions for Pardons and Remissions, 1859-1862

Item Location

MG18-372 to MG18-373

Place of Creation

Carlisle, Nicholas County, Kentucky

Date of Creation

25 January 1861

Dates Mentioned

1861-01-25

1861-02-06

1861-02-15

Carlisle January 25. 1861
To his Excellency
Berijah Magoffin

Your Petitioner William S. Flora states that about two years ago He lived in Fleming County and the Deputy sheriff of said County executed a writ upon him in favour of the Commonwealth for a misdemeanor. The sheriff Could not explain to him the nature of the indictment then pending & on which the writ issued —

Shortly afterwards he saw the sheriff & told him there was a mistake, that there were other William Flora's & the writ must have been intended for them, that he was not the Defendant; The sheriff being Convinced said he would alter his return & make a return of not found: and relying upon him to do so he gave no attention to the Case — Upon the indictment in the Fleming Circuit Court a judgment was rendered against him for $66.33 and upon examination ^he^ finds a William Flora, was indicted for unlawful gaming.

He says he went to the Deputy sheriff who told him he thought he had returned the writ "not found" — & got his statement ^appended^ hereto

He say he was not the Defendant & not guilty of the ~~Crime~~ offence for which the indictment was found & for which he was fined — Lately execution issued against him to Nicholas County & he was told he must go to Jail or replevy & he replevied — This Caused him to investigate the Case: before
he was Called on by the sheriff he did not know any judgment was had against him. He says the William Floras refered to formerly lived in Nicholas not far from the line of Fleming & if any one was guilty some one of them must have been the one — ^one^ of them now live in Bracken county

He says he has Consulted lawyers & they say his only remedy is to Petition your Excellency to remit the Judgment which he now respectfully does &^c.

W^m S. Flora

~~I [ ] formerly deputy sheriff of Fleming County state that I had a summons ^From the Fleming County Circuit Court^ agt. W~~^m Flora & executed it on the Petitioner — afterwards was told by the Petitioner that he was not the man & being Convinced I intended to return the writ Not Found & supposed I had done it but lately at Petitioners request I examined & found I had returned it executed.

~~I am still satisfied the Petitioner is not the Defendant.~~

We recommend to the Governor to remit the fine named in this Petition —

Fitch Munger
J H Halladay
Jno A. Campbell
W. P. Ross
Slavic Berry.
W. W. Howard
W. I. Still

Carlisle Nicholas co

David Berry says he knew William Flora of Fleming County & W^m S. Flora of this County — He says William S. Flora is not the name indicted in Fleming County —

Feby 6. 1861

David Berry
Carlisle Feby 6. 1861

Hon Berijah Magoffin

Dear sir I send you this Petition — I am in hopes you Can grant the relief prayed for as I am satisfied it is proper to do so. by reference to the Statement of the Deputy sheriff you will see the reason Flora did not defend the suit — David Berry says he knows Both W^m. Floras & that the Petitioner was not indicted see [...] State in 3^d. Page

Your Obt. sev^t.

Fitch Munger

Please send the remission to this ^Post^ office as Our sheriff has last execution

F. Munger

W^m S. Flora
Petition

Fleming
Cir. Ct
$66.³³ } Gaming
Remitted
B. M
Iss^d Feby 15. 1861

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